Legal Opinion

In re the Claim of Cedeno

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 2004PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 7, 2003, which ruled that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant lost her employment due to disqualifying misconduct for fighting with a coworker. Regardless of who initiates the altercation, fighting with a coworker during working hours can constitute disqualifying misconduct (see Matter of McCray [Commissioner of Labor], 301…

2Cases cited4 opinions

  1. In re the Claim of LoveAppellate Division of the Supreme Court of the State of New York · 1998
  2. In re the Claim of FerrarieAppellate Division of the Supreme Court of the State of New York · 1991
  3. In re the Claim of LabayenAppellate Division of the Supreme Court of the State of New York · 2003
  4. In re the Claim of McCrayAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. In re the Claim of McGloinAppellate Division of the Supreme Court of the State of New York · 2004
  2. In re the Claim of BrunerAppellate Division of the Supreme Court of the State of New York · 2005

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